This blog, written by Thomas E. Rutledge, focuses primarily on business entity law in Kentucky. Postings on contract law, contractual and statutory construction, and the entity law of other jurisdictions appear as well. There may as well be some random discussions of classical, medieval and renaissance history.

Monday, May 11, 2015

Tennessee Licensing Rules Upheld on Rational Basis Standard

Tennessee
Licensing Rules Upheld on Rational Basis Standard

In a recent decision of the Sixth Circuit Court of Appeals,
the dismissal of a challenge to cosmetology licensing requirements was upheld
applying the rational basis standard.Natu Bah v. Attorney General of the State of
Tennessee, Case No. 14-5861 (6th Cir. May 8, 2015).

Tennessee, presumably like all other
states, regulates those involved in the cosmetology industry. In the case of
Tennessee, there are variety of types of licenses which may be awarded.
Requirements for those licenses typically require either practical or classroom
instruction.One license category a
relates to people who are engaged in the hair weaving and similar industry,
which does not entail dying or otherwise chemically treated hair.

This suit, brought by a number of persons who are involved
in that hair braiding industry, sought to challenge the licensing requirements
on the basis that, inter alia, the required instruction did not contribute to
their skills and ability as here weavers and as such was substantively a
relevant to their area of practice.

The trial court disagreed, and it's ruling was affirmed by
the Sixth Circuit Court of Appeals.Applying rational basis scrutiny, the court found that the rules for the
cosmetology license were not it rationally related to the requirements.“The sanitation courses in courses on
breeding, however basic, or rationally related to Tennessee's legitimate
interest in the safety and health of their residence.”